TR-2020-036 Action Letter (Initial approval on 1-20-21)CITY OF
IM
CUPERTINO
January 20, 2021
A Plus Tree
Evan Fuller
3490 Buskirk Ave.
Pleasant Hill, CA 94523
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333
CUPERTINO.ORG
SUBJECT: TREE REMOVAL PERMIT ACTION LETTER - Application TR-2020-036
This letter confirms the decision of the Director of Community Development, given on
January 20, 2021 approving a Tree Removal Permit to allow the removal and replacement of
fifteen (15) living trees of DBH between 6 and 37 inches and two (2) dead trees of 1 and 8-inch
DBH respectively at various sites throughout the Commons at Cupertino Homeowners
Association, located at 10800 United Pl. Based on the information submitted with the
application, staff has made the finding that the protected tree(s) are a detriment to the subject
property and cannot be adequately supported according to good urban forestry practices due
to the overplanting or overcrowding of trees on the subject property and will be replaced with
the appropriate replacements. The finding is necessary to grant the Tree Removal Permit in
accordance with Cupertino Municipal Code (CMC) Section 14.18.180 (A)(3).
The application is approved with the following conditions:
1. APPROVED PROJECT
This approval for tree removal is based on the arborist report prepared by Evan Fuller
(ISA Board Certified Arborist, WE-12508A) consisting of fifteen (15) pages, including a
removal and replacement plan, and a replacement justification.
2. TREE REPLACEMENT
The proposed replacement trees are one (1) 24"-box Muskogee Myrtle, three (3) 24"-box
Natchez Crape Myrtle, two (2) 24"-box Coast Live Oak, one (1) 24"-box Brisbane Box, one
(1) 24"-box Maidenhair Tree, one (1) 36"-box Maidenhair Tree, one (1) 36"-box Marina
Madrone, two (2) 36"-box Shumard Oak, three (3) 24"-box Sweet Bay, one (1) 36"-box
Chinese Pistache, one (1) 24"-box Brazilian Pepper, for a total of seventeen (17)
replacement trees, to be planted on the subject property within 30 days of tree removal.
The applicant shall provide the Department of Community Development adequate
documentation, including but not limited to photographs, receipts or invoices, to verify
that the replacement trees have been planted.
3. PROTECTED TREES
The applicant understands that replacement trees may not be removed without a Tree
Removal Permit and that they shall be responsible for ensuring the proper maintenance
and care of the tree. The applicant shall also disclose the location and species of all
protected trees on site upon sale of the property.
4. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The conditions of Project Approval set forth herein may include certain fees, dedication
requirements, reservation requirements, and other exactions.
Staff received one comment from a resident in the HOA requesting reconsideration
on trees #354 and #220. Staff referred the applicant to the supporting reasons for
removal of tree #220 in both the arborist report conducted by A Plus Tree as well as
the peer review conducted by the City's consultant arborist. Additionally, the HOA
Board was able to provide further justification for removal from the HOA's arborist.
Tree #354 has been removed from this tree removal application at the HOA would
like to reexamine the tree's health in the spring when it will be easier to determine
the health of the canopy.
Also, please note that an appeal of this decision can be made within fourteen (14) calendar
days from the date of this letter (Wednesday, February 3, 2021 at 5:00 PM). Do NOT
REMOVE THE TREES) until the end of the appeal period. If an appeal is filed, you will be
notified of a public hearing date, which will be scheduled before the Planning Commission.
Sincerely,
Lauren Ninkovich
Assistant Planner
(408) 777-3214
laurenn@cupertino.org
Enclosure: Arborist Report, Removal and Replacement Plan
CC: Boris Troflianin, 10800 United PI, Cupertino, CA 95014
CC: Alison Mathias,10140 United Pl, Cupertino, CA 95014